건물명도
1. The defendant shall be the plaintiff.
A. At the same time when receiving KRW 100 million from the Plaintiff, the attached list outlined buildings are handed over; and
1. On May 29, 2004, the Plaintiff entered into a lease agreement with the Defendant stating that the building listed in the attached list (hereinafter “instant store”) was leased KRW 50 million per lease deposit, KRW 1.5 million per month of rent, and the term of lease from August 15, 2004 to August 15, 2006.
The Plaintiff and the Defendant agreed to the terms and conditions of the lease agreement that “facility costs and premiums are KRW 50 million, and the Defendant paid KRW 50 million on June 5, 2004, and recognize KRW 50 million paid by the Defendant when the Plaintiff takes over the business place.”
The Defendant paid the Plaintiff KRW 50 million and the premium of KRW 50 million.
Around the expiration of the lease term, the Plaintiff and the Defendant raised the rent of KRW 1.7 million per month and paid the lease term on August 15, 2009, and extended the lease term until August 15, 2009, but a renewed contract was concluded with the content that the lease term is identical to the previous contract (hereinafter “instant lease contract”).
On May 12, 2014, the Plaintiff notified the Defendant that the lease contract will be terminated without renewal after August 15, 2014, which was implicitly renewed.
The defendant received the above notification on May 14, 2014.
The defendant operates a pharmacy at the instant store, and does not pay rent from September 16, 2014.
[Reasons for Recognition] Facts without dispute, Gap 2, 4, 5 evidence, Eul 1, 2 evidence, the purport of the whole pleadings
2. Determination
A. Article 10(4) of the Commercial Building Lease Protection Act provides that the term of the instant lease agreement shall expire August 15, 2014, where the Defendant’s duty to deliver the instant store is implicitly renewed (Article 10(4) of the Building Lease Protection Act. However, the Plaintiff notified the Defendant of the refusal to renew the lease agreement on May 12, 2014, one month before the expiration of the lease term, and the Defendant notified the Defendant of May 14, 2014.